BANKING LAW TITLE

BANKING LAW
& PRACTICE
Presented by,
Abinash Kr. Mandilwar
Chief Manager & Faculty Member,
Staff Training College, Bhopal
(NI Act, RBI Act, BR Act, Contract Act, Company Act)

Various acts, Regulatory Authorities, Committees, RatingVarious acts, Regulatory Authorities, Committees, Rating
Agency are involve directly or indirectly with bankingAgency are involve directly or indirectly with banking
service. These are called Banking Law and Practice.service. These are called Banking Law and Practice.
1. Negotiable Instruments Act, 1881
2. Reserve Bank of India Act, 1934
3. Banking Regulation Act, 1949
4. Indian Contract Act, 1872
5. Limitation Act, 1963
6. Indian Company’s Act, 1956
7. Indian Company’s Act 2013
8. Indian Partnership Act, 1932
9. Indian Stamp Act, 1899 1872
BANKING LAW &
PRACTICE

BANKING LAW AND PRACTICE
10. Income Tax Act, 1961.
11. Commercial Tax Act,
12. Sales Tax Act,
13. SARFAESI Act, 2002
14. FEMA, 2000
15. Consumer Protection Act, 1986
16. Right to Information Act, 2005
17. Criminal Procedure Act, 1973
18. Payment & Systems Act, 2007
19. Transfer of Property Act, 1882
20. Sale of Goods Act, 1930
21. Registration Act, 1908
22. Bankers Book Evidence Act, 1891

23. PMLA, 2002
24. General Clauses Act, 1897
25. MSMED Act, 2006
26. Indian Trust Act, 1882
27. Indian Currency Act,
28. Banking Companies (Acquisition & Transfer of
Undertaking) Act, 1970
29. Wealth Tax Act,
30. DRT Act,
31. Provident Fund Act,
32. Gratuity Fund Act,

33. Indian Majority Act, 1875
34. Hindu Minority & Guardianship Act, 1956
35. Limited Liability Partnership Act, 2008
36. Hindu Succession Act, 1956;
37. Society Registration Act, 1860
38. Married Women Property Act, 1874
39. Indian Succession Act, 1925
40. Ombudsman Scheme, 2006
41. Cyber Law Act, 2000

1. Government of India.
2. Reserve Bank of India.
3. Banking Codes & Standards Board of India.
4. SEBI.
5. IRDA.
6. Banking Ombudsman.
7. NABARD.
8. Banking Bureau Board.
VARIOUS REGULATORY AUTHORITIES

VARIOUS COMMITTEES
1. Goiporia Committee
2. Talwar Committee
3. Rangarajan Committee
4. BASEL Committee
5. Ghosh Committee
6. Mitra Committee
7. SS Kohli Committee
Customer Service In Banks
Customer Service Reforms
Computerisation in Banks &
Public Sector Disinvestment
Capital Adequacy of Banks
Frauds & Malpractices in Banks
Legal Aspects of Bank Frauds
Wilful Defaulters & Rehabilitation
of Sick Industrial Units

VARIOUS COMMITTEES
8. Kalyan Sundar Committee
9. Y V Reddy Committee
10. RV Gupta Committee
11. Prof V S Vyas
12. Ms Usha Thorat
13. Narsimham Committee
14. Rashid Jilani Committee
15. Deepak Mohanty
Introduction of Factoring
Services in India
Reforms in Small Savings A/c
Agricultural Credit Delivery
Flow of Credit to Agriculture
Financial Inclusion
Banking Financial System
Inspection System Of Banks
& Cash Credit System
Working Group on Surveys

1. CRISIL
2. CARE
3. Standards & Poors
4. Moody’s
5. SMERA
6. ICRA
7. Rating India
8. Brickwick
VARIOUS RATING AGENCY

NEGOTIABLE
INSTRUMENT
ACT, 1881

BACKGROUND OF NI ACT
Due to increase in business, need was felt
for payment mechanism.
It took long time to get recognition.
Bill of exchange was used in 12th
centuries.
Negotiability of promissory note was
allowed by British Courts in 1704.
In India, the NI Act was passed in 1881.

NEGOTIABLE INSTRUMENTS ACT, 1881
In India, the Negotiable Instrument Act was
enacted during 1881 and came into force w.e.f.
1st
March 1882.
Originally it had 137 Sections;
Section 138 to 142 were added in 1988;
Section 143 to 147 were added in 2002;
At present it has 147 sections and 17 Chapters;
NI Act is applicable through out India including
Jammu & Kashmir.

Negotiable Instruments Act, 1881
• What is negotiability ?
• Negotiability means transfer of instrument to
another person so as to constitute him holder.
Elements of Negotiation –
1. Further transfer without any restriction;
2. Transferee taking the instrument for value and in
good faith, gets better and absolute title despite
any defect in the title of the transferor.
3. Negotiation of bearer instrument by delivery only
and that of order by endorsement and delivery.

FEATURE OF A NEGOTIABLE INSTRUMENT
 A negotiable instrument is one which is freely used by the
parties in their business deal as a medium of payment .
 The word ‘negotiable’ means the transfer of ownership of
the instrument from one person to another person for the
purpose of consideration.
 The instrument may be defined as a written document
which creates a right in favour of some person.
 Negotiable instrument means include Promissory Note, Bill
of Exchange and cheque payable to order or bearer.
 CURRENCY NOTE IS NOT A NI – it is governed BY INDIAN
CURRENCY ACT.

FOUR ESSENTIAL FEATURES OF
NEGOTIABLE INSTRUMENT
1. The property in a negotiable instrument, i.e. the complete
right of ownership, and not merely the possession passes,
in the case of bearer instruments, by mere delivery, and in
case of order instruments, by endorsement and delivery.
2. The holder in due course is not, in any way, affected by the
defect of the title of his transferor or of any prior party.
3. The holder in due course can sue upon a negotiable
instrument in his own name.
4. The holder in due course is not affected by certain defences
which might be available against previous holders, e.g
fraud to which he is not a party.

DIFFERENCE BETWEEN
N I & OTHER GOODS
Mr. X lost a ring worth Rs.50,000/- and a
bearer cheque favouring “X” worth
Rs.50,000/-
Mr. Y found them. gave the cheque and ring
to a jewellers shop and purchased a new
chain.
Mr. X lodged a police complaint. police can
recover ring from jeweller shop and give it
to Mr. X but, they cannot recover the cheque
or its equivalent from jeweller shop,

VARIOUS NEGOTIABLE INSTRUMENTS
Promissory Note, Bill Of Exchange and Cheque are
the 3 basic negotiable instruments named in NI Act.
The following are also
considered as
negotiable instruments:-
Demand Draft,
Traveller Cheque,
Gift Cheque,
Dividend Warrant,
Interest Warrant,
Bankers’ Cheque,
Pay Order,
Commercial Paper.
The following are not
negotiable Instruments:
Deposit Receipt,
NSC,
Postal Order,
Share Certificate,
Bill of Lading,
Lorry Receipt,
Airway Bill,
Railway Receipt,
Stock Invest,
Dock Warrant

BILL OF EXCHANGE
SPECIMEN OF A DEMAND BILL:
o A usance bill could be drawn in three ways:
o On 31.12.200X pay_________
o Three months from date, pay ___________
o Three months from acceptance pay __________
Mumbai
09.12.2010
Rs. 50000/-
On demand, pay Mr. Akhilesh Verma or order, the sum of Rupees fifty thousand
together with interest at 8%, for value received.
To
Mr. Rakesh Singh S.P.Singh (signature)

Sections Important contents relating to
6 Cheque defined (also include electronic cheque and truncated
cheque)-
5 Bill of exchange defined –
4 Promissory note defined -
1 Indian Paper Currency Act 1871 not to be affected by the
provisions of this act.
“I Promise to pay a sum of Rs….to Mr…or to the order or to the bearer”
Promissory Note is an Instrument in Writing containing an
unconditional undertaking or promise, signed by the maker to pay
a certain sum of money to or to the order of a certain person or to
the bearer of the instrument;
It is an instrument in writing containing an unconditional order
signed by the maker directing a certain person to pay a certain
sum of money only to or to the order of a certain person or to
the bearer of the instrument.
Types- Inland Bills, Foreign bills, time bills, demand bills, trade
bills, accommodation bills, clean bills, documentary bills.
is a Bill of Exchange drawn on a specified Bank and
not expressed to be payable otherwise than on

7 Parties to Bill of Exchange –
Drawer – The persons who orders to pay (say seller of goods),
He is the creditor.
Drawee – Who is directed to pay (say a buyer of goods). He is
debtor.
Drawee in case of need – Is a person to whom the holder can
look forward in the event of dishonor of cheque.
Acceptor – The drawee becomes acceptor on acceptance of BOE
for payment;
Acceptor for honour – After noting/protesting any person who
accepts for honour of drawer/endorsees.
Payee – Is the person who is authorized to obtain the payment.

8 Holder defined –
 A person who is entitled in his own name possession of a misplaced
instrument will continue to be holder;
 To receive or recover the amount due thereon from all the parties;
 Finder of an instrument or thief cannot become holder by mere
possession;
 Consideration is not compulsory to become holder e.g Gift Cheque.
Rights of holder –
Can obtain duplicate of the lost instrument;
Can cross the cheque; can convert general crossing to special
crossing;
Endorse;
Can sue in his own name;
Can complete inchoate cheque (unfilled up but duly signed );
is a person who is entitled in his own name to the possession
thereof. Legal right to possess is enough. Actual possession is not
essential.

Sec Important contents relating to
9 Holder in due course defined– is a person (payee or endorsee) who must
have instruments in possession.
Possession must have been obtained for valuable and lawful consideration
and not as a Gift;
He obtains the cheque in good faith without sufficient reason to believe that
any defect existed in the title of the person from whom he obtained it.
He gets a defect free title even when the transferor had defective title.
Rights of Holder-in-course –
 if any inchoate cheque is handed for a amount greater than what it was
intended by the maker, the maker cannot challenge the rights of the
Holder-in-course;
 If a bill is payable to the drawers order in a fictitious name, the acceptor
is liable to any holder-in-course, provided the signatures and endorsement
are in the same hand-writing;
 Every prior party is liable to a holder-in-course till the instrument is duly
satisfied;

DIFFERENCE BETWEEN HOLDER &
HOLDER IN DUE COURSE
Transaction Holder Holder-in-due-Course
Consideration Not essential Essential
Possession of
Instrument
Not essential Essential
Nature of Title Same as of the
Transferor.
Defective transfer or
will transfer a
defective title.
Good title even if
transferor was having
defective title.
Right of
Possession
Compulsory Compulsory

10 Payment in due course defined – Payment is considered to
be payment in due course –
 Payment must be made under circumstances which do not
afford a reasonable ground to believe that he is not
entitled to receive the payment;
 Payment must be made in money only;
 Payment is in accordance with the apparent tenor of the
instrument;
 Payment must be made in good faith and without
negligence;
 Payment must be made to the person in possession of the
instrument;

NEGOTIABLE INSTRUMENTS ACT,
1881Sec Important contents relating to
14 Negotiation defined – Transferring an Instrument from one person to
another in such a manner so as to convey title and to constitute the
transferee the holder of the instrument.
Bearer Instrument – Negotiation by delivery;
Order Instrument – By Endorsement and delivery
13 Negotiable instruments defined indirectly – NI means and include PN,
BE and cheque payable to order or bearer.
12 Foreign Instruments defined – An instrument which is not an Indian
Bill.
11 Inland instrument defined –drawn and made payable in India. A BE
drawn or made in India & payable in or drawn upon any persons in
India.

EXAMPLES OF INLAND AND FOREIGN BILL
Drawn in Payable Type
New Delhi In London by Ramesh
Kumar, a resident
Indian
Indian
New Delhi In London, by John
Major, a foreigner
Foreign Bill
London Delhi, Ashok a
resident Indian
Foreign Bill
New Delhi Payable in India by
Ramlal a resident or
by John Major,
foreigner
Inland

15 Endorsement and endorser defined.
ENDORSEMENT means – Signing on the face or backside or even
on a paper attached or on a stamp paper for the purpose of
negotiation.
A person who signs is known as ENDORSER
16 Endorsement in blank and full and endorsee defined.
ENDORSEMENT IN BLANK – If the endorser signs his name only
without any words or directions;
Effect of Blank endorsement - An order instrument becomes
payable to bearer
ENDORSEMENT IN FULL – If an endorser signs his name and adds
a direction to pay the instrument to or to order.

Other types of endorsement –
1.Restrictive Endorsement – Pay to X only; Pay to X for my use;
2.Partial Endorsement - Pay to X Rs. 5000/-only;
3.Conditional Endorsement - Pay to X when he completes graduation;
4.Sans-recourse Endorsement - Pay to X without recourse to me;
5.Facultative Endorsement – express words to enhance of reduce his
liability ;
6.Forged Endorsement – endorsement made by person other than holder of
the instrument. Paying Banker gets protection u/s 85(1) provided it is regular;
7.Endorsement by minor;
8.Negotiation Back in Favour of Endorser -
9.Negotiation Back in favour of drawer – No further endorsement
10.Endorsement of bearer instrument

When a cheque cannot be endorsed?
 Account Payee Cheque.
 Restrictive Endorsement.
 Negotiation Back to Drawer

17 Ambiguous instruments – Where the instrument is drawn in
such a manner that it can be construed both as PN or BE.
In the following cases, the instrument is taken as ambiguous;
(a) Where drawer and drawee are the same person.
(b) Where drawee is a fictitious person.
(c) Where drawee is a person incapable of entering into a
contract.
18 Difference in amount in words and figures. Amount in words
to be paid.
20 Inchoate stamped instruments –Holder has implied authority
to complete the instrument.
An inchoate instrument is an incomplete instrument which is
legally valid i.e bears the signatures, but some features are
incomplete.

FEATURES OF BILL OF EXCHANGE
1. The order to pay a bill must be unconditional one.
2. The order to pay must be made in writing on the bill.
3. The bill must be signed by the drawer of the bill.
4. The order to pay under a bill must be addressed to a certain
person which includes individuals, firm, company, etc.
5. The amount to be paid under a bill must be certain one.
6. The money under a bill must be paid in legal tender currency.
7. The amount should be payable either on demand or at a fixed
determinable future time.
8. The bill must be duly stamped.
9. A bill of exchange like a promissory note may be written in
any language.

RULES FOR DUE DATE CALCULATION
 Demand bill is payable on demand or at sight.
 Usance bill should be presented for acceptance within a
reasonable time.
 The drawee is allowed 48 hours excluding public holiday to
accept the bill.
 If a usance bill is payable after date, its due date is calculated
from date of the bill and if it is payable after sight, its due date
is calculated from date of acceptance.
 3 days grace period is given to every Usance Promissory Note
or BOE.
 Where the due date is already given by the drawer, no grace
period to be given.
 Instruments payable in installments, the days of grace are to be
allowed for each installment .

RULES FOR DUE DATE CALCULATION
When the maturity date is a public holiday :
As per sec 25 of N I Act ; such instrument be
payable on the next preceding business day
i.e. the previous business day .
Declaration of Public Holiday : u/s 25 of N I
Act 1881 , the public holiday includes Sunday
and any other day declared by the Central
Govt. by notification in the Official Gazette
(this power has been delegated to state govt).

CALCULATION OF DUE DATE
Date of
bill
Presented
on
Accepted
on
Payment
terms
Due date
26.02.16 27.02.16 28.02.16 30 days after
acceptance.
01.04.16
26.12.15 26.12.15 28.12.15 45 days after
date.
12.02.16
20.12.15 21.12.15 23.12.15 1 month after
sight.
25.01.16
26.02.16 27.02.16 28.02.16 3 months after
acceptance.
31.05.16
26.12.15 26.12.15 28.12.15 2 months after
date.
29.02.16

Sec. Important contents relating to
31 Banker’s obligation to pay cheque & compensate drawer for
wrongful dishonour (provided- sufficient funds are available;
funds are meant for payment; proper demand).
32 Liability of maker of note and acceptor of a bill.
33 Several drawees of a bill. Not to be considered partners.
35 Liability of endorser-to compensate holder of dishonour.
36 Liability of prior parties to holder in due course.
37 Liability of maker, drawer (of BOE) till accepted and acceptor,
is that of principal.
38 Prior party , a principal to subsequent parties.
40 Discharge of endorser’s liability.

NEGOTIABLE INSTRUMENTS ACT,
1881Sections Important contents relating to
82-83 Discharge from liabilities –by cancellation, release &payment and
allowing more time than 48 hours to accept.
84 When cheque not duly presented and drawer damaged thereby
85-1 Paying banker protected by payment in due course of an order
cheque which is properly endorsed by the payee or his agent
85-2 Protection to paying banker in case of a bearer cheque
85-A Protection to paying banker in case of Bank drafts
87 Material alteration renders N.I. void
88 Acceptor/endorser bound not withstanding previous alternation
89 Protection to paying banker for materially altered instrument

117 Rules for compensation for dishonor
118-119 Presumptions with regard to NIs
120-122 Estoppels – validity , capacity of payee, signature of payee
125 Who can cross- drawer, holder, banker;
124 Special Crossing – When a cheque bears across its face
name of a Bank, with or without words (lines not essential)
123 General Crossing –
Crossing means two transverse lines on the face with or
without words such as & Co, not negotiable, payee’s a/c
only, etc. Crossing is applicable in case of cheque & DD only.

126-127 Payment of cheque crossed generally or specially
128 Payment in due course of crossed cheques
129 Paying banker liable to the true owner for loss when payment not
made in due course
130 “Not Negotiable “ crossing –transferee does not get better title
than that of transferor.
If XYZ receives a cheque without consideration his title is defective,
when he endorses it the endorsee does not get a better title even if
he paid the value
131 Protection to collecting bank for crossed cheques;
131-A Protection to collecting Bank for crossed bank drafts
Protection is granted only if –
•Collection is in Good Faith and without Negligence.
•Payment is received for a customer.
•Cheque is generally or specially crossed.

RESERVE BANK OF
INDIA
ACT, 1934

Reserve Bank of India Act, 1934
On recommendation of John Hilton Young
Commission, 1926 also called Royal Commission;
Enacted on 06th
March 1934. It has 58 sections;
RBI was established on 01st
April 1935 under RBI
Act, 1934;
RBI was nationalised on 01.01.1949;
RBI is managed by Central Board of Directors;
There are 4 boards at Kolkata; Mumbai, Delhi and
Chennai;
It has 1 Governor + 4 Dy. Governor + 15 directors.

FUNCTIONS OF RBI
Issuance of Currency – U/s 22 of RBI Act. RBI is the
authority to issue currency called “Bank Notes”. Rs.
1 note is called currency note issued by CG and
signed by Finance Secretary;
Banker to Govt– RBI to transact business for
Central Government (Section 20) and transact
business for State Government (section 21).
Banker’s Bank– RBI works as a central bank where
commercial banks are account holders. It is the
duty of the RBI to control the credit through the
CRR, bank rate and open market operations.

FUNCTIONS OF RBI
Controller of Banks – Issues license to entities
intending to do Banking business; It exercises
control over business and also Management;
Controller of Credit– U/s 21 and 35a, RBI can
fix Bank Rates and exercise selective control.
Change CRR, directed credit guidelines.
Statutory Reserves– Statutory Liquidity Ratio
(SLR) & CRR is determined by Reserve Bank of
India maintained by banks in order to control
the expansion of bank credit.

FUNCTIONS OF RBI
Collection of information – about the
borrowers enjoying credit facility of Rs. 10 lacs
and above (Secured) and Rs. 5 lacs and above
(unsecured)
Maintenance of External Values– Maintain
internal and external value of Rupee. Maintain
foreign reserves. Regulate FEMA .

IMPORTANT PROVISIONS OF RBI ACT, 1934
Section 2(e) – Scheduled Bank means a Bank whose name
is included in 2nd
schedule of RBI Act, 1934;
Section 17 – Defines various types of business which RBI
may transact- which includes acceptance of deposit from
CG/SG without interest. Sell purchase Foreign Exchange,
bills of exchange and promissory notes;
Section 18 – RBI provides emergency loans to Banks on
liberal terms against promissory notes;
Section 19 – Describes business, which RBI cannot do; -
Trade, buy shares, make loans or advances, allow interest
on deposits and current accounts;
Section 20 – Banker to Govt. Performs various functions
of Govt. Manages public debt of the Government.

 Section 21 – RBI has right to transact Govt. Business i.e
remittance, exchange, keeping interest free deposit;
 Section 22 – Sole right to issue Bank Notes;
 Section 23 – Bank Notes shall be issued by Issue
Department of RBI;
 Section 24 – Denomination of notes:-
2,5,10,20,50,100,500,1000,5000,10000 or of such other
denominational values, not exceeding ten thousand
rupees. Central Government may direct discontinuance
of any denomination note;
 Section 26 – Bank notes will be legal tender and shall be
Guaranteed by the Central Government.

 Section 27 - The Bank shall not re-issue bank notes which are
torn, defaced or excessively soiled.
 Section 28 – RBI to frame rules for refunding of mutilated,
soiled, imperfect notes.
Neither the special bank notes “rupee coin” nor the one
rupee notes shall be legal tender in India.;
 Section 29 – Bank note shall be exempted for the purpose of
stamp duty;
 Section 31 – Prohibits issue of Promissory Note payable to
bearer. No person other than GOI or RBI shall draw, accept or
issue Promissory Note payable to bearer;
 Section 33 – Assets of Issue department shall consist of Gold,
Bullion to such aggregate amount as is not less than the total of
the liabilities of the Issue Department and on value not less than
Rs. 200 crores.

• Section 42 – CRR of SCB to be kept with RBI as daily
balance;
• Section 42(c) – RBI is empowered to add or delete the
name of any bank from 2nd
schedule of RBI Act, 1934; (at
present 227 banks are there in 2nd
Schedule)
• Section 45A to F – Empowers RBI to collect credit
information (Secured credit of 10 lacs and above and
unsecured credit of 5 lacs and above
It also collects details of all doubtful, loss and SF a/cs and
circulates it amongst Banks;
• Section 45H to T – Relates to NBFCs;
• Section 49 – Announce Bank rates.

Banking Regulation Act, 1949
• Banking Companies Act came into force w.e.f
16.03.1949 and changed to Banking
Regulation Act, 1949 w.e.f 01.03.1966.
• It was made applicable in J&K w.e.f 1956
• TOTAL 56 sections in Banking Regulation Act

• Section 5(a) – Meaning of APPROVED SECURITIES-
securities authorized by CG ;
• Section 5(b) –Definition of BANK – Accepting deposits of
money from public for the purpose of lending or
investment, which is repayable on demand or otherwise
and withdrawable by cheque, drafts, order or otherwise.
• Section 5(f) – Definition of DEMAND Liability – Liability
which must be met on demand and TIME liability are those
which are not demand liability;
• Section 5n –Secured Loan means loan made on security
of asset, the market value of which is NOT less than value
of loan at any point of time;

• Section 6-1 – A banking company may be engaged in
accepting deposits, borrowing money, lending money,
dealing in bills, collection of bills, buying, selling FE, lockers,
BG/LC/TC
• Section 6-2 –Restriction on business- No banking Co will
engage in any business other than mentioned in Section 6-
1
• Section 7 –Use of Word Banking- For Companies
carrying on business of Banking shall have to use at least
one word- Bank, Banking , Banking Company in its name;
• Section 8 – Restriction on business of trading of Goods;

• Section 9 – Banks are prohibited from holding any
immovable property for a period not exceeding 7 years.
(extendable by 5 years by RBI);
• Section 10 –Prohibition on employment of CMD, ED for
more than 5 years;
• Section 11&12 –Paid up Capital Minimum Rs. 5 lacs for
domestic Banks and Rs. 10 lacs for Foreign Banks;
• Section 13 – Not to pay commission or brokerage,
discount more than 2.5% value of shares;
• Section 18 – CRR – Non-scheduled Banks to maintain
CRR of 3% of Demand and Time Liability;

• Section 19-2 – Cannot hold shares either by way pledge,
mortgage or absolute owner of any amount more than 30%
of its own paid up share capital; or 30% of paid up share
capital of that company.
• Section 20 –Bank cannot sanction loan against its own
shares;
• Section 21 –Control over Advances – RBI can issue
directions in respect of policy for advances;
• Section 22 – Licensing of Banking Companies;
• Section 23 – New Branch Licensing or shifting of existing
branches;

• Section 24 – SLR – each bank to maintain minimum 0%
and maximum 40% of Demand and time liability;
• Section 26 –Return of more than 10 years unclaimed
deposits to RBI within 30 days from the close each calendar
year;
• Section 29 –Each bank to publish its Balance-sheet as
on last working day of March every year;
• Section 30-I – Balance-sheet to be got audited;
• Section 35 – RBI is authorized to undertake inspection
of Banks;

• Section 45Y –Preservation of records- as per the
directives issued from time to time;
• Section 45ZA to ZF – Regarding nomination facility;
• Section 45Z –Return the paid instrument to the
customer by keeping a photocopy of the document.
Customer to give an undertaking to preserve the document
for a period as advised by CG;

Indian Contract Act, 1872
• Commencement - It come into force w.e.f 1st
September, 1872.
• Extent- It extends to the whole of except J&K;
• Sections – Originally it had 266 sections; At
present there 75 sections;
• Section 2 (h)Section 2 (h)-- defines contract as andefines contract as an
agreement which is enforceable by law.agreement which is enforceable by law.
• Section 2 (e)Section 2 (e)-- defines agreement as everydefines agreement as every
promise and every set of promises, formingpromise and every set of promises, forming
consideration for each other.consideration for each other.

• Meaning or definitions of various terms:-
• PROPOSAL - When one person signifies to another his
willingness to do or to abstain from doing anything, with a
view to obtaining the assent of that other to such act or
abstinence, he is said to have made a proposal;
• PROMISE -When a person to whom the proposal is made,
signifies his assent, the proposal is said to be accepted.
• A proposal, when a accepted, becomes a promise;
• PROMISOR -The person making the proposal is called the
"promisor",
• PROMISEE- The person accepting the proposal is called
"promisee",

• CONSIDERATION- When, at the desire of the promisor, the
promisee or any other person has done or abstained from
doing or promises to do or to abstain from doing,
something, such act or abstinence or promise is called a
consideration for the promise;
• AGREEMENT- Every promise OR set of promises, forming
the consideration for each other, is an agreement;
• RECIPROCAL PROMISES- Promises which form the
consideration or part of the consideration for each other,
are called reciprocal promises;
• CONTRACT An agreement enforceable by law is a contract

• ESSENTIALS OF A VALID CONTRACT- (Sec 10)
 Proper offer and proper acceptance;
 Lawful consideration; i.e something in return
 Competent to contract or capacity;
 Major
 Sound Mind
 Not disqualified by law i.e not insolvent
 Free Consent;
 Lawful object and Agreement
 Agreement not declared illegal or void;
 Intention to create legal relationship

• VALID CONTRACT- An agreement which is enforceable by
law;
• VOID-An agreement not enforceable by law is void; A
contract which ceases to be enforceable by law becomes
void when it ceases to be enforceable.
• VOIDABLE CONTRACT- An agreement which is enforceable
by law at the option of one or more of the parties thereto,
but not at the option of the other or others, is a voidable
contract;
• ILLEGAL CONTRACT- A contract is illegal if it is forbidden by
law. These are void-ab-initio
• UNENFORCEABLE CONTRACT- Contract is otherwise OK, but
because of some technical reasons it is not enforceable.

• Clause 10. What agreements are contracts?
• All agreements are contracts if they are made by
 the free consent of parties competent to contract,
 for a lawful consideration; and
 with a lawful object,
 are not hereby expressly declared to be void.

Indian Contract Act
Clause 11.
•Who are competent to contract?
•Every person is competent to contract who is:-
Major
Sound mind; and
Not disqualified from contracting by any law

Indian Contract Act
• Clause 73Clause 73..
• Compensation of loss or damage caused by breach
of contract.
• When a contract has been broken, the party who
suffers by such breach is entitled to receive, form the
party who has broken the contract, compensation
for any loss or damage caused to him thereby.

Indian Partnership Act, 1932
• Indian Partnership Act, act came into existence w.e.f
1st
October 1932.
• U/s 4 – A partnership is a relationship between 2 or
more persons, who agree to share the profits of the
business carried on by all or any of them acting for
all.
• To enter into a partnership, there has to be a
contract, which may oral or written- called
Partnership Deed;
• Number of Partners – Max 100, as per Indian Cos
Act, 2013, if more than 100 then it is an illegal entity.

• Who can be partners:-
• Persons having legal capacity to contract. Joint stock
company can be partner
• Who cannot be a partner?
• Minor, insolvent, insane, alien enemy, HUF, NBFC;
(minor can be inducted for the benefits only)
• What is the relationship of partners?
• The firm is not a separate legal entity. The partners
are both – Agent and Principal and also act as agent
of each other;

Liability of partners:-
• Unlimited, they are jointly and severally liable
for all debts of the firms.
Powers of Partner
• Partners to sign as ‘for and on behalf of xyz’ to
bind the firm. In case of signing any guarantee
on behalf of the firm, all partners should sign.
Registration of firm – Not mandatory.

• Bank Accounts of Partnership firm:-Bank Accounts of Partnership firm:-
 Account should be opened in Firm’s name;
 Signature of all partners;
 Operational instructions; and Authority to withdraw;
 Instructions regarding 3rd
party mandate;
 Partner cannot delegate;
 Cheques in f/o firms;
 Stop payment;
 Death of partner;

OPERATIONS IN PARTNERSHIP ACCOUNTS
CREDIT BALANCE DISPOSAL OF BALANCE
DEATH, INSANITY
(If the business is to be closed)
BALANCE PAYABLE TO THE REMAINING
PARTNERS AND LEGAL HEIRS OF THE DECEASED
If the business is to be
continued
FRESH MANDATE FROM THE REMAINING TO BE
OBTAINED
ON ADMISSION OF NEW
PARTNER
OPERATIONS TO BE CONTINUED AFTER
OBTAINING SIGNATURES OF NEW PARTNER AND
EXISTING PARTNERS AND RECORDING DATE OF
HIS ADMISSION
ON RETIREMENT OF
EXISITING PARTNER
HIS NAME TO BE DELETED WITH THE CONSENT
OF ALL THE OTHER PARTNERS AND ACCOUNT
CONTINUED
INSOLVENCY OPERATIONS IN THE ACCOUNT TO BE STOPPED
AND SUBSEQUENTLY ALLOWED JOINTLY WITH
THE OFFICIAL RECEIVER OR ASSIGNEE FOR
WINDING UP THE AFFAIRS

OPERATIONS IN PARTNERSHIP ACCOUNTS
DEBIT BALANCE DISPOSAL OF BALANCE
DEATH, INSOLVENCY OR
LUNACY, INSANITY
STOP OPERATIONS IN THE ACCOUNT TO
AVOID CLAYTON’S RULE. BALANCE
CONFIRMATION TO BE OBTAINED FROM LEGAL
HEIRS IN CASE DEAD TO BE MADE LIABLE.
ON ADMISSION OF NEW
PARTNER
OBTAIN BALANCE CONFIRMAION LETTER,
SIGNAUTRES AND RECORD DATE OF HIS
ADMISSION BEFORE ALLOWING OPERATIONS
IN THE ACCOUNT
ON RETIREMENT OF
EXISTING PARTNER
HIS NAME TO BE DELETED WITH THE CONSENT
OF ALL THE OTHER PARTNERS AND ACCOUNT
CONTINUED AFTER OBTAINING BALANCE
CONFIRMATION LETTER FROM THEM.

Companies Act, 2013
 Implemented w.e.f 01.04.2014
 It recognises a joint stock company as a legal person;
 Different types of companies
Private Limited Company
Public Limited Company
Government Company
Associate Company
Small Company
Section 8 Company

Companies Act, 2013
(1) Private Limited Companies –
Minimum 2 and Maximum 200 shareholders.
Minimum 2 directors Maximum no limit
Transfer of shares – Restricted amongst the
shareholders only;
Name – includes ‘Private Limited’
No listing of shares
Minimum Paid up Capital – 1 lac

Companies Act, 2013
(1) Public Limited Companies –
Shareholders Minimum 7 and Maximum No Ceiling.
Minimum 3 and no ceiling of Maximum number of
directors. However, if number of directors more than
15 Govt’s approval required
Transfer of shares – No restriction;
Name – includes ‘Public Limited’
Business to start after Certificate of Incorporation
and Certificate of commencement of Business
Listing of shares – in stock exchange
Minimum Paid up Capital – 5 lac

Companies Act, 2013
Important Documents –
Memorandum of Association – Name, authorised
capital, registered office, object clause, liability clause.
Article of Association – Rights and powers of the
Directors, rules for conducting meetings, use of common
seal, use of borrowing powers, nature of business;
Certificate of incorporation – Also known as birth
certificate issued by ROC;
Certificate of commencement of business – by ROC
Resolution

LIMITED LIABILITY PARTNERSHIP ACT, 2008
• This act was introduced w.e.f 01.04.2009;
• It combines the advantage of running a partnership
and separate legal entity status and limited liability
aspect of a Company;
• Minimum 2 Partners; No Maximum limit
• ROC has Jurisdiction over the incorporation of LLP;
• LLP is legal entity separate from its partners. It can
own assets in its own name and sue and be sued.
• It has perpetual succession i.e death of a partner
does not effect the existence of LLP;

LIMITED LIABILITY PARTNERSHIP ACT, 2008
• Partners have right to mange the business directly
whereas in a Company shareholders do not.
• Partners are not liable for the acts of others partner’s
act.
• Liability of partner is limited to the extent of his share
in the LLP. No exposure of personal assets of the
partners;
• The rights and duties of the partners are governed by
Agreement.
• LLP cannot raise funds from public;
• Any act of the partner without the consent of the
other may bind LLP

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